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HomeMy WebLinkAboutZ-7633-A Staff AnalysisJANUARY 29, 2018 ITEM NO.: A File No.: Z -7633-A Owner: Anna Harper Applicant: Ellen Yeary Address: 2020 N. Spruce Street Description: Part of Lots 8-10, Block 1, Country Club Heights Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT 0 Public Works Issues: 1. The proposed masonry -wood fence cannot extend into the Stonewall road right-of-way and utility easement. Staff can recommend approval of the reconstruction of the wood fence without masonry material replacing the existing damaged fence exceeding the maximum height within the Stonewall Road right-of-way and utility easement. The Stonewall Road right-of-way and utility easement is the stormwater overflow path if the existing drainage system becomes obstructed. Staff Analysis: The R-2 zoned property located at 2020 N. Spruce Street is occupied by a one-story brick and frame single family residence. The property is located on the west side of N. Spruce Street, at Stonewall Road. A rock driveway is located at the northeast corner of the residential lot. The driveway extends along the north side of the house to the rear yard area. An unenclosed carport is located at the northwest corner of the residence. Six (6) foot high wood fencing is located along the north and south side property lines. A six (6) foot high wood fence which existed along the rear (west) property line was recently damaged by a flood. On July 26, 2004 the Board of Adjustment approved setback and easement variances for additions to the rear (west) of the residential structure. JANUARY 29, 2018 ITEM NO.: A (CON'T.] Z -7633-A The applicant is requesting to replace the wood fence located along the rear (west) property line which was recently damaged by a flood. The proposed fence will be wood construction with a masonry base and columns from the southwest corner of the property to the northwest corner of the lot. A solid wood section will extend from the northwest corner of the property into the old Stonewall Road right-of-way (previously abandoned). The wood/masonry fence will range in height from 8 feet - 5 inches at the southwest corner of the lot to nine (9) feet at the northwest corner of the property. The solid wood section extending north from the northwest corner of the property will have a height of nine (9) feet. Section 36-516(e)(1)a. of the City's Zoning Ordinance allow a maximum fence height of six (6) feet for the proposed fence. Therefore, the applicant is requesting a variance to allow a fence ranging in height from 8 feet -5 inches to nine (9) feet. Staff does not support the fence height variance as requested. Staff does not feel that the overall height requested is justified. Staff quite regularly supports fence height variances to eight (8) feet in height in residential areas. Staff does not feel that the proposed fence ranging in height from 8 feet -5 inches to nine (9) feet is a reasonable trade-off for the six (6) foot high wood fence which existed. The proposed fence extends into the front yard area of the residence immediately to the west. The taller fence could have a negative visual impact on this next door property. Staff could support the fence height variance if the fence had a height not exceeding eight (8) feet at any point. Otherwise, staff believes the proposed fence height is unreasonable. C. Staff Recommendation: Staff recommends denial of the requested fence height variance, as filed. BOARD OF ADJUSTMENT (July 31, 2017) Staff informed the Board that on July 24, 2017 the applicant submitted a letter to staff requesting the application be deferred to the August 28, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda by a vote of 3 ayes, 0 noes and 2 absent. BOARD OF ADJUSTMENT (August 28, 2017) Staff informed the Board that on August 25, 2017 the applicant submitted a letter to staff requesting the application be deferred to the January 29, 2018 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 29, 2018 agenda by a vote of 5 ayes, 0 noes and 0 absent. 2 JANUARY 29, 2018 ITEM NO.: A (CON'T.) Z -7633-A Staff Update: The applicant submitted a letter to staff on January 17, 2018 requesting this application be withdrawn, without prejudice. Staff supports the withdrawal request. BOARD OF ADJUSTMENT (January 29, 2018) The applicant was not present. There were no objectors present. Staff informed the board that the applicant had requested withdrawal of the item, without prejudice, on January 17, 2018. Staff recommended approval of the withdrawal request. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 4 ayes, 0 noes and 1 absent.